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2025 DAILYLAW 14709 (KAR)

SRI MANIKANTACHARI H V v. STATE BY HIRIYUR TOWN POLICE

CRL.P/1145/2025 · 2025-02-18

Mohammad Nawaz

body2025

Judgment text

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- 1 - NC: 2025:KHC:7308 CRL.P No. 1145 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 1145 OF 2025 (438(Cr.PC) / 482(BNSS)) BETWEEN: SRI. MANIKANTACHARI H.V, S/O HEMANTHACHAR, AGED ABOUT 28 YEARS, R/O VEDAVATHINAGARA, HIRIYUR TOWN - 577 599. …PETITIONER (BY SRI. SAMEER S.N, ADVOCATE) AND: STATE BY HIRIYUR TOWN POLICE REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. …RESPONDENT (BY SRI. HARISH GANAPATHI, HCGP) THIS CRL.P IS FILED U/S 438 OF CR.PC (FILED U/S 482 BNNS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF ARREST OF PETITIONER IN CRIME NO.276/2024 REGISTERED BY THE RESPONDENT HIRIYUR TOWN POLICE FOR THE ALLEGED OFFENCES UNDER SECTION 314, 316(2), 316(5), 318(4), 336(2), 336(3) OF BNS ACT, 2023,ON THE FILE OF PRL. CIVIL JUDGE (JR.DN) AND JMFC COURT, HIRIYUR. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:7308 CRL.P No. 1145 of 2025 CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioner is seeking anticipatory bail in Crime No.276/2024 of Hiriyur Town Police Station, Chitradurga, registered for offences punishable under Section 314, 316(2), 316(5), 318(4), 336(2), 336(3) of the BNS, 2023. 2. Heard both sides and perused the material on record. 3. Petitioner, said to be working as a data entry operator, is alleged to have generated more than 175 unauthorized licenses in respect of various works and received a sum of Rs.6,82,600/- from the Electric Contractors. 4. The Executive Engineer, BESCOM, Hiriyur, on receiving complaints from 7 electric contractors, has lodged the complaint against the petitioner. It is alleged that the petitioner being an outsourced employee working in Division office of BESCOM, Hiriyur, has not deposited - 3 - NC: 2025:KHC:7308 CRL.P No. 1145 of 2025 the amount payable to the Government and thereby committed the aforesaid offences. 5. Petitioner claims to be innocent. It is contended that the complaint is not supported by any records to show that a sum of Rs.6,82,500/- has been misappropriated by the petitioner. He contended, there are no list of unauthorized licenses given by the authorized electric contractors and there are no documents enclosed with the complaint to substantiate the allegation. 6. Learned High Court Government Pleader has contended that investigation is under progress and in view of the complaints received by the Executive Engineer from the authorized electric contractors, there is a prima-facie case against the petitioner. 7. The allegations against the petitioner have to be proved in due course. Petitioner has undertaken to cooperate with the investigation of the case. The offences alleged are not punishable with death or imprisonment for life. In the facts and circumstances, petitioner can be - 4 - NC: 2025:KHC:7308 CRL.P No. 1145 of 2025 released on anticipatory bail by imposing suitable conditions. Accordingly, the following:- ORDER i) Petition is allowed. ii) Petitioner / accused shall be released in the event of his arrest in Crime No.276/2024 of Hiriyur Town Police Station, Chitradurga, subject to following conditions: a) He shall appear before the Investigating Officer within a period of one week from the date of receipt of copy of this order and shall execute a bond in a sum of Rs.1,00,000/- (Rupees One Lakh Only) with two sureties for the likesum. b) He shall cooperate with the investigation of the case. c) He shall not tamper with the prosecution witnesses in any manner. - 5 - NC: 2025:KHC:7308 CRL.P No. 1145 of 2025 d) He shall appear before the Trial Court on every date of hearing without fail. Sd/- (MOHAMMAD NAWAZ) JUDGE LDC List No.: 1 Sl No.: 42